Omar King v. Kingsley et al

Filing 50

ORDER ACCEPTING MAGISTRATE JUDGE'S INTERIM REPORT AND RECOMMENDATIONS by Judge Fernando L. Aenlle-Rocha for Report and Recommendation (Issued) 47 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment and Motion to Dismiss Plaintif fs First Amended Complaint 28 IT IS ORDERED: 1. The Interim Report and Recommendation is accepted. 2. Defendants' motion for partial summary judgment and motion to dismiss (Dkt. 28) is granted in part and denied in part as follows: SEE DOCUMENT FOR FURTHER INFORMATION. (es)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

OMAR KING,

12

Plaintiff,

13
14

v.
KINGSLEY, et al.,

15

Case No. 2:22-cv-04484-FLA (BFM)
ORDER ACCEPTING
MAGISTRATE JUDGE’S
INTERIM REPORT AND
RECOMMENDATION

Defendants.

16
17

Pursuant to 28 U.S.C. § 636, the court has reviewed the First Amended

18

Complaint, the records and files herein, and the Magistrate Judge’s Interim

19

Report and Recommendation. No objections to the Interim Report and

20

Recommendation were filed. The court accepts the recommendations of the

21

Magistrate Judge.

22

ACCORDINGLY, IT IS ORDERED:

23

1.

The Interim Report and Recommendation is accepted.

24

2.

Defendants’ motion for partial summary judgment and motion to

25
26

dismiss (Dkt. 28) is granted in part and denied in part as follows:
(a) summary judgment is granted as to Plaintiff’s First Amendment

27

retaliation claims and those claims are dismissed, without prejudice, for

28

failure to exhaust administrative remedies.

1

(b) summary judgment is denied in all other respects.

2

(c) Defendants’ motion to dismiss Plaintiff’s retaliation claims against

3
4
5
6

Defendants is denied as moot.
(d) Defendants’ motion to dismiss the Eighth Amendment excessive force
claim against Officer Kingsley is denied.
(e) Defendants’ motion to dismiss the Eighth Amendment cover-up

7

claims against Defendants is granted and those claims are dismissed

8

without leave to amend.

9
10

3.

Officer Kingsley shall file an Answer to the surviving portions of

the First Amended Complaint within twenty (20) days of this Order.

11
12

Dated: February 5, 2024

13

______________________________
FERNANDO L. AENLLE-ROCHA
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2